TC Training and Competence

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TC 1

Application and Purpose

TC 1.1

Who, what and where?

Who and what?

TC 1.1.1

See Notes

handbook-rule
This sourcebook applies to a firm where its employee carries on an activity in TC App 1 for retail clients, customers or consumers (subject to the limitations set out in TC App 3).

Where?

TC 1.1.2

See Notes

handbook-rule
The territorial scope of this sourcebook is set out in TC App 2.

Purpose

TC 1.1.3

See Notes

handbook-guidance
The competent employees rule is the main Handbook requirement relating to the competence of employees. The purpose of this sourcebook is to support the FSA's supervisory function by supplementing the competent employees rule for retail activities.

Meaning of competence

TC 1.1.4

See Notes

handbook-guidance
In this sourcebook, competence means having the skills, knowledge and expertise needed to discharge the responsibilities of an employee's role. This includes achieving a good standard of ethical behaviour.

TC 1.2

Actions for damages

TC 1.2.1

See Notes

handbook-rule
A contravention of the rules in TC does not give rise to a right of action by a private person under section 150 of the Act (and each of those rules is specified under section 150(2) of the Act as a provision giving rise to no such right of action).

TC 2

Competence

TC 2.1

Assessing and maintaining competence

Assessment of competence and supervision

TC 2.1.1

See Notes

handbook-rule
  1. (1) A firm must not assess an employee as competent to carry on an activity in TC Appendix 1 until the employee has demonstrated the necessary competence to do so and has (if required by TC Appendix 1) attained each module of an appropriate qualification. This assessment need not take place before the employee starts to carry on the activity.
  2. (2) A firm may assess an employee who is subject to, but has not satisfied, an appropriate qualification requirement as competent to the extent that:
    1. (a) that employee works in a branch in an EEA State other than the United Kingdom;
    2. (b) the employee is engaging in MiFID business; and
    3. (c) there is no appropriate qualification or equivalent in that EEA State.

TC 2.1.2

See Notes

handbook-rule
A firm must not allow an employee to carry on an activity in TC Appendix 1 without appropriate supervision.

TC 2.1.3

See Notes

handbook-guidance
Firms should ensure that employees are appropriately supervised at all times. It is expected that the level and intensity of that supervision will be significantly greater in the period before the firm has assessed the employee as competent, than after. A firm should therefore have clear criteria and procedures relating to the specific point at which the employee is assessed as competent in order to be able to demonstrate when and why a reduced level of supervision may be considered appropriate. At all stages firms should consider the level of relevant experience of an employee when determining the level of supervision required.

Supervisors

TC 2.1.4

See Notes

handbook-guidance
Firms should ensure that those supervising employees carrying on an activity in TC Appendix 1 have the necessary coaching and assessment skills as well as technical knowledge and experience to act as a competent supervisor and assessor. In particular firms should consider whether it is appropriate to require those supervising employees not assessed as competent to attain an appropriate qualification as well except where the employee is giving advice on retail investment products, see TC 2.1.5 R.

TC 2.1.5

See Notes

handbook-rule
Where an employee is giving advice on retail investment products to retail clients and has not been assessed as competent to do so, the firm must ensure that the individual supervising and assessing that employee has attained an appropriate qualification.

Qualification requirements before starting activities

TC 2.1.6

See Notes

handbook-rule
A firm must ensure that an employee does not carry on an activity in TC Appendix 1 (other than an overseeing activity) for which there is a qualification requirement without first attaining the relevant regulatory module of an appropriate qualification.

TC 2.1.7

See Notes

handbook-rule

A firm must ensure that an employee does not carry on any of the following activities without first attaining each module of an appropriate qualification:

  1. (1) [deleted]
  2. (1A) advising on and dealing in securities which are not stakeholder pension schemes, personal pension schemes or broker funds;
  3. (1B) advising on and dealing in derivatives;
  4. (2) the activity of a broker fund adviser;
  5. (3) advising on syndicate participation at Lloyd's; or
  6. (4) the activity of a pension transfer specialist.

TC 2.1.8A

See Notes

handbook-rule
A firm must ensure that an employee who was assessed as competent as a retail investment adviser for the purposes of TC 2.1.1 R at 30 June 2009 does not carry on the activity of a retail investment adviser without first attaining an appropriate qualification.

Exemption from appropriate qualification requirements

TC 2.1.9

See Notes

handbook-rule
  1. (1) If a firm is satisfied that an employee meets the conditions in this rule then the requirements to have attained each module of an appropriate qualification will only apply if that employee is carrying on one of the activities specified in this rule.
  2. (2) The conditions are that a firm should be satisfied that an employee:
    1. (a) has at least three years' up-to-date relevant experience in the activity in question obtained while employed outside the United Kingdom;
    2. (b) has not previously been required to comply fully with the relevant qualification requirements in TC 2.1.1 R; and
    3. (c) has passed the relevant regulatory module of an appropriate qualification;
  3. but (b) and (c) do not apply to an employee who is benefiting from the "30-day rule" exemption in SUP 10.10.7B R, unless the employee benefits from that rule because he is advising retail clients on retail investment products or is a broker fund adviser.
  4. (3) The relevant activities are:
    1. (a) advising on investments which are retail investment products, if that advice is given to retail clients;
    2. (b) the activity of a broker fund adviser;
    3. (c) advising on syndicate participation at Lloyd's; or
    4. (d) the activity of a pension transfer specialist.

Selecting an appropriate qualification

TC 2.1.10

See Notes

handbook-evidential-provisions
  1. (1) This rule applies for the purposes of TC 2.1.1 R, TC 2.1.5 R, TC 2.1.6 R, TC 2.1.7 R, TC 2.1.9 R, TC 2.2A.1 R, TC 2.2A.3 R and TC 2.2A.6 R.
  2. (2) To ensure that a qualification is appropriate, a firm should select an appropriate qualification from the list of qualifications set out in TC Appendix 4E.
  3. (3) Contravention of (2) may be relied on as tending to establish contravention of the rules referred to in (1).

TC 2.1.10A

See Notes

handbook-guidance

TC Appendix 5G sets out:

  1. (1) the criteria which the FSA may take into account when assessing a qualification provider; and
  2. (2) the information the FSA will expect the qualification provider to provide if it asks the FSA to add a qualification to the list of appropriate qualifications in TC Appendix 4E.

TC 2.1.10B

See Notes

handbook-guidance
  1. (1) TC Appendix 6G sets out guidance in relation to accredited bodies.
  2. (2) TC Appendix 7G sets out guidance on gap-filling in relation to appropriate qualifications and the function of accredited bodies in that regard.

Training needs

TC 2.1.11

See Notes

handbook-guidance
Firms should ensure that their employees' training needs are assessed at the outset and at regular intervals (including if their role changes). Appropriate training and support should be provided to ensure that any relevant training needs are satisfied. Firms should also review at regular intervals the quality and effectiveness of such training.

Maintaining competence

TC 2.1.12

See Notes

handbook-rule
A firm must review on a regular and frequent basis employees' competence and take appropriate action to ensure that they remain competent for their role.

TC 2.1.13

See Notes

handbook-guidance

A firm should ensure that maintaining competence for an employee takes into account such matters as:

  1. (1) technical knowledge and its application;
  2. (2) skills and expertise; and
  3. (3) changes in the market and to products, legislation and regulation.

TC 2.1.14

See Notes

handbook-guidance
A firm may choose to establish, implement and maintain a training and competence scheme.

Continuing professional development

TC 2.1.15

See Notes

handbook-rule
Subject to TC 2.1.17 R, a firm must ensure that a retail investment adviser who has been assessed as competent for the purposes of TC 2.1.1 R remains competent by completing a minimum of 35 hours of appropriate continuing professional development in each 12 month period.

TC 2.1.16

See Notes

handbook-guidance
In order to meet the requirement in TC 2.1.15 R, a retail investment adviser should complete no less than 21 hours of structured continuing professional development activities.

TC 2.1.17

See Notes

handbook-rule

A firm is permitted to suspend the requirements of TC 2.1.15 R in respect of a retail investment adviser for the period of time during which the retail investment adviser is continuously absent from work, if that absence is due to:

  1. (1) maternity, paternity or adoption leave;
  2. (2) long-term illness or disability;
  3. (3) caring responsibilities for a family member who has a long-term illness or disability; or
  4. (4) any other absence allowed in order for the firm to meet its statutory duties in relation to equality and diversity.

TC 2.1.18

See Notes

handbook-guidance
In TC 2.1.17R (3), a family member includes a partner, parent, grandparent, sibling or child.

TC 2.1.19

See Notes

handbook-guidance

In deciding whether to suspend the requirements of TC 2.1.15 R, a firm should take into account:

  1. (1) the retail investment adviser's individual circumstances;
  2. (2) the length of time the retail investment adviser is likely to be absent from carrying on the activity; and
  3. (3) its statutory duties in relation to equality and diversity.

TC 2.1.20

See Notes

handbook-guidance
Examples of structured continuing professional development activities include participating in courses, seminars, lectures, conferences, workshops, web-based seminars or e-learning which require a contribution of thirty minutes or more.

TC 2.1.21

See Notes

handbook-guidance

Examples of unstructured continuing professional development activities include:

  1. (1) conducting research relevant to the individual's role;
  2. (2) reading industry or other relevant material;
  3. (3) participating in professional development coaching or mentoring sessions.

TC 2.1.22

See Notes

handbook-guidance
All continuing professional development should:
(1) be relevant to the retail investment adviser's current role and any anticipated changes to that role;
(2) maintain the retail investment adviser's knowledge by reference to current qualification standards relevant to the retail investment adviser's role;
(3) contribute to the retail investment adviser's professional skill and knowledge;
(4) address any identified gaps in the retail investment adviser's technical knowledge;
(5) have written learning objectives based on learning needs and a documented learning outcome;
(6) be measurable and capable of being independently verified by an accredited body.

TC 2.1.23

See Notes

handbook-guidance
Continuing professional development completed by a retail investment adviser in relation to activities other than acting as a retail investment adviser should not be taken into account for the purposes of TC 2.1.15 R unless it is also relevant to the activity of acting as a retail investment adviser.

TC 2.1.24

See Notes

handbook-rule

A firm must, for the purposes of TC 3.1.1 R (Record keeping), make and retain records of:

  1. (1) the continuing professional development completed by each retail investment adviser; and
  2. (2) the dates of and reasons for any suspension of the continuing professional development requirements under TC 2.1.17 R.

TC 2.1.25

See Notes

handbook-rule
A firm must not prevent a retail investment adviser from obtaining a copy of the records relating to that retail investment adviser which are maintained by the firm for the purposes of TC 2.1.24 R.

Annual declarations

TC 2.1.26

See Notes

handbook-rule

A firm must ensure that a retail investment adviser confirms annually in writing that the retail investment adviser has, in the preceding 12 months:

  1. (1) complied with APER; and
  2. (2) if applicable, completed the continuing professional development required under TC 2.1.15 R.

Independent verification

TC 2.1.27

See Notes

handbook-rule

A firm must obtain from an accredited body independent verification of the firm's compliance with:

  1. (1) in respect of its retail investment advisers only, the requirement in TC 2.1.1 R to attain each module of an appropriate qualification;
  2. (2) TC 2.1.15 R; and
  3. (3) TC 2.1.26 R.

TC 2.1.28

See Notes

handbook-rule

The independent verification in TC 2.1.27 R must be obtained by a firm:

  1. (1) in respect of a competent retail investment adviser who began to carry on the activity of a retail investment adviser on or before 31 December 2012, within 60 days of that date and of the anniversary of that date thereafter;
  2. (2) in respect of a retail investment adviser who began to carry on the activity of a retail investment adviser on or after 1 January 2013, within 60 days of the date on which the retail investment adviser was assessed as competent as a retail investment adviser and of the anniversary of that date thereafter.

TC 2.1.29

See Notes

handbook-guidance
Independent verification for the purposes of TC 2.1.27 R should take the form of a statement of professional standing issued by an accredited body.

TC 2.1.30

See Notes

handbook-guidance
The Glossary definition of accredited body contains a list of bodies recognised by the FSA for the purpose of providing the independent verification required under TC 2.1.27 R. Information on accredited bodies, including guidance on the process for including a body in the list is set out in TC Appendix 6G and the obligation to pay the application fee is set out in FEES 3.2.

Notification requirements

TC 2.1.31

See Notes

handbook-rule

A firm must notify the FSA as soon as reasonably practicable after it becomes aware, or has information which reasonably suggests, that any of the following events has occurred or may have occurred in relation to any of its retail investment advisers, and the event is significant:

  1. (1) a retail investment adviser, who has been assessed as competent for the purposes of TC 2.1.1 R, is no longer considered competent for those purposes;
  2. (2) a retail investment adviser has failed to attain an appropriate qualification within the time limit prescribed by TC 2.2A.1R (1);
  3. (3) a retail investment adviser has failed to comply with a Statement of Principle in carrying out his controlled function; and
  4. (4) a retail investment adviser has performed an activity in TC Appendix 1 before having demonstrated the necessary competence for the purposes of TC 2.1.1 R and without appropriate supervision.

TC 2.1.32

See Notes

handbook-guidance

When considering whether an event is significant a firm should include the following in its considerations:

  1. (1) the potential risk of consumer detriment as a result of the event;
  2. (2) whether the event or a pattern of events indicate recurrent issues in relation to one or more retail investment advisers; and
  3. (3) its obligations under Principle 11.

TC 2.1.33

See Notes

handbook-guidance
The Retail Investment Adviser Competence Notification Form approved by the FSA for notifications under TC 2.1.31 R may be found at the FSA's website www.fsa.gov.uk/Pages/Doing/Regulated/Notify/index.shtml.

TC 2.2A

Time limits

Calculation of time limits for attaining an appropriate qualification

TC 2.2A.1

See Notes

handbook-rule
  1. (1) For the purposes of TC 2.1.1 R, if an employee carries on an activity in TC Appendix 1 (other than an overseeing activity), a firm must ensure that the employee attains an appropriate qualification within 30 months of starting to carry on that activity.
  2. (2) For the purposes of (1), a firm must record the date on which the employee starts to carry on that activity.

TC 2.2A.2

See Notes

handbook-rule

For the purposes of calculating the 30 months referred to in TC 2.2A.1 R, a firm must:

  1. (1) aggregate periods of time spent carrying on the activity during different periods of employment; and
  2. (2) disregard any period of 60 business days or more during which the employee is not carrying on the activity due to being continuously absent from work.

TC 2.2A.3

See Notes

handbook-rule

A firm must ensure that any employee who does not attain an appropriate qualification within the specified time:

  1. (1) ceases to engage in the activity to which that qualification would relate; and
  2. (2) does not resume that activity without first attaining an appropriate qualification.

TC 2.2A.4

See Notes

handbook-guidance
Firms may wish their employees to attain an appropriate qualification within an earlier time limit or to place limits on the number of times that qualification can be taken.

TC 2.2A.5

See Notes

handbook-guidance
Firms may wish employees who carry on an overseeing activity specified in TC Appendix 1 to attain an appropriate qualification within 30 months of starting the activity.

Record-keeping

TC 2.2A.6

See Notes

handbook-rule
A firm should, for the purposes of TC 3.1.1 R (Record keeping), make and retain records of the time limits within which the appropriate qualification has been attained.

TC 2.2B

Reporting requirements

Application

TC 2.2B.1

See Notes

handbook-rule
This section applies to a firm with employees that are retail investment advisers.

Purpose

TC 2.2B.2

See Notes

handbook-guidance
  1. (1) The purpose of this section is to set out the requirement for firms which employ retail investment advisers to notify each individual retail investment adviser's professional standards data to the FSA.
  2. (2) The purpose of collecting this data is to assist the FSA in the ongoing supervision of firms which employ retail investment advisers and to enable the FSA to gain an understanding of the professional development of individual retail investment advisers in the interests of protecting customers.

Reporting requirement

TC 2.2B.3

See Notes

handbook-rule
  1. (1) A firm must submit a report (the 'data report') to the FSA containing the information required by TC 2.2B.4 R quarterly, within 20 business days of the end of the quarter, unless (3) applies.
  2. (2) The reporting periods are the four calendar quarters of each year beginning on 1 January.
  3. (3) A firm need not submit a data report if no changes have occurred in relation to the information submitted by the firm in its previous report.
  4. (4) A firm may submit a data report more frequently than quarterly if it wishes.

Content of the report

TC 2.2B.4

See Notes

handbook-rule

The report must contain professional standards data as follows:

  1. (1) the firm's name and FSA Firm Reference Number;
  2. (2) the names and FSA Individual Reference Numbers of the firm's employees who are retail investment advisers, including trainees;
  3. (3) whether a retail investment adviser has attained an appropriate qualification;
  4. (4) if a retail investment adviser has not attained an appropriate qualification, the date on which the employee began to carry on the activity of a retail investment adviser; and
  5. (5) the name of the accredited body used for the purposes of TC 2.1.27 R.

TC 2.2B.5

See Notes

handbook-rule
The data report must comply with the provisions of TC Appendix 8R.

TC 2.2B.6

See Notes

handbook-rule
A firm must submit the data report to the FSA electronically in a standard format prescribed by the FSA .

TC 2.2B.7

See Notes

handbook-rule
A data report will not have been submitted to the FSA in accordance with TC 2.2B.6 R unless all mandatory data reporting fields (as set out in TC Appendix 8R) have been completed correctly and the report has been accepted by the relevant FSA reporting system.

TC 3

Record Keeping

TC 3.1

Record-keeping requirements

TC 3.1.1

See Notes

handbook-rule

A firm must make appropriate records to demonstrate compliance with the rules in this sourcebook and keep them for the following periods after an employee stops carrying on the activity:

  1. (1) at least 5 years for MiFID business;
  2. (2) 3 years for non-MiFID business; and
  3. (3) indefinitely for a pension transfer specialist.

TC App 1

TC Appendix 1

TC App 1.1

Activities and Products/Sectors to which TC applies subject to TC Appendices 2 and 3

TC App 1.1.1

See Notes

handbook-rule

TC App 2

Appendix 2

TC App 2.1

TCs Territorial Scope subject to the limitation in TC Appendix 3

TC App 2.1.1

See Notes

handbook-rule

TC App 3

Appendix 3

TC App 3.1

Circumstances in which TC does not apply

TC App 3.1.1

See Notes

handbook-rule

TC App 4

Appropriate Qualification tables

TC App 4.1

Appropriate Qualification tables

TC App 4.1.1

See Notes

handbook-evidential-provisions

Part 1: Activities
Note: The activity numbers in this table relate to the Regulated Activities in TC App 1.1.1 R. These tables do not cover activities 1, 5, 13A, 13B, 13C, 24, 25 or 26 as these activities do not have a qualification requirement. Part 2: Appropriate Qualifications Tables

TC App 5

Appropriate qualification criteria

TC App 5.1

TC App 5.1.1

See Notes

handbook-guidance

TC App 6

Accredited bodies

TC App 6.1

Accredited bodies

TC App 6.1.1

See Notes

handbook-guidance

TC App 7

Guidelines for qualification gap-fill for retail investment advice

TC App 7.1

Guidelines for qualification gap-fill for retail investment advice

TC App 8

Professional Standards Data Submission Form

TC App 8.1

Professional Standards Data Submission Form

TC App 8.1.1

See Notes

handbook-rule

Transitional Provisions and Schedules

TC TP 1

Designated Investment Business: Assessments of competence before commencement

TC TP 1.1
TC TP 1.2

TC TP 2

Designated Investment Business: Assessments of competence in 12 month period after commencement

TC TP 3

Regulated Mortgage Contracts: Assessments of competence under the Mortgage Code Compliance Board Rules

TC TP 4

Home Reversion Plans: Assessments of competence before 6 April 2007 in relation to lifetime mortgages

TC TP 5

Home Reversion Plans: Assessments of competence before 6 April 2007 in relation to Home Reversion Plans only

TC TP 6

Transitional provisions relating to assessments of competence generally

TC TP 7

Transitional provisions relating to waivers from existing examination requirements

TC TP 8

Transitional provisions relating to time limits for attaining qualifications

TC Sch 1

Record keeping requirements

TC Sch - 1.1

See Notes

handbook-guidance

TC Sch 1.1

See Notes

handbook-guidance

TC Sch 2

Notification requirements

TC Sch 2.

See Notes

handbook-guidance

TC Sch 3

Fees and other required payments

TC Sch 3.1

See Notes

handbook-guidance

TC Sch 4

Powers exercised

TC Sch 4.1

See Notes

handbook-guidance

TC Sch 4.2

See Notes

handbook-guidance

TC Sch 5

Rights of action for damages

TC Sch 5.1

See Notes

handbook-guidance

TC Sch 5.2

See Notes

handbook-guidance

TC Sch 5.3

See Notes

handbook-guidance

TC Sch 5.4

See Notes

handbook-guidance

Table: Actions for damages: Training and Competence sourcebook

TC Sch 6

Rules that can be waived

TC Sch 6.1

See Notes

handbook-guidance